SHC asks provincial govt why new rules not enacted for police

KARACHI: The Sindh High Court (SHC) on Thursday was moved for seeking explanation from the Sindh’s inspector general of police and chief secretary as to why the rules were not framed for transfers, postings in the police department despite its orders.

Faisal Siddiqui, representing the petitioner Karamat Ali, filed an application submitting that the court in its judgment on September 07 had directed the police chief to draft new rules for setting out the manner of transfers and postings and submit the same before the provincial cabinet.

The court had ruled that, “the Inspector General shall, within 30 days, frame draft rules setting out the manner in which he (and the police hierarchy acting through him) is to exercise the power of transfers and postings in the police force at all levels (including PSP officers serving in the Province).

The rules must be framed in such manner as ensures autonomy of command and independence of operation. The rules must be transparent in form and reality, and fair in operation and effect.”

The court added in its judgment that the draft rules shall be transmitted to the provincial cabinet and also, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police.

The provincial cabinet must consider the draft rules at its next meeting or a meeting specifically called for such purpose within 15 days.

Siddiqui informed the court that complying with its directives, IGP A D Khawaja had drafted new rules and sent the same to the Sindh cabinet on October 6.

“The provincial cabinet was supposed to consider new rules in its meeting specifically called for such purpose within 15 days of receiving the same from the IGP but the meeting was held after a delay of seven days,” he added.

Siddiqui said that the provincial cabinet had formed a committee, keeping the IGP away from it.

The provincial government was delaying the enactment of new rules which was clearly delaying the implementation of the court’s order, he said.

A division bench, headed by Justice Munib Akhter, took up the application and it was requested by the provincial law officer to fix the matter for hearing on 30th November.

The advocate general was directed by the bench to seek instructions regarding the enactment of the rules to explain as to why the rules had not been enacted.